Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Preparing for Deposition Success
Podcast - Impeaching with a Deposition
LFLM LAW with L.A.W - Depositions in Workers' Compensation
The New Playbook for Depositions - Speaking of Litigation Podcast
What to Do When an Employee Receives a Subpoena
Podcast - Ethical Deposition Conduct
Facing a Deposition: Tips and Strategies
Podcast: What is a Deposition?
Sitting with the C-Suite: Trial Prep as a Launchpad for Services
Webinar: Conducting Depositions Online: What You Need To Know To Execute The Process Successfully And Legally
Butler's Thursday Tips #3 | Organization Matters
Podcast: Bridging the Gap
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Podcast - Rule 6: If You Don't Remember, Say So
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
5 Ways to Defeat Deposition Abuse
Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more
The line between ethical witness preparation and unethical coaching is somewhere between ensuring a witness doesn’t show up unprepared for a legal proceeding and putting words in their mouth. Incorporating a solid trial...more
As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more
Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more
The discovery phase is often the most critical component of legal work, leading 95% of civil cases to a settlement negotiation instead of a courtroom trial. Given this, how information is collected from potential witnesses is...more
There’s no denying it—artificial intelligence is changing the legal landscape. Generative AI and the use of machine learning promise to boost efficiency and reduce prep time through multiple phases of litigation. For...more
Before they swear to “tell the truth, the whole truth, and nothing but the truth,” witnesses need to be prepared for the process and challenges of testifying in a trial, deposition, or other legal proceeding. How you...more
Rule 202 refers to the pre-suit deposition rule in the Texas Rules of Civil Procedure. This rule allows a person or party involved in a dispute to request deposition – sworn testimony recorded by a court reporter – to...more
We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more
This post explains how to use deposition designations to your advantage for a smooth case planning and trial prep process. Testimony from a living, breathing person is always better than recorded testimony in any legal...more
A typical witness preparing for a civil trial often has only one good reference point for what their experience will be, and that is their deposition. That’s where they met opposing counsel, got a taste of that attorney’s...more
I have worked with more than one defendant who simply could not resist it: Right out of the gate, in opening statement, they come out swinging against the plaintiff. They’re not being honest, they have their own share of...more
At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could...more
On June 23, 2020, Magistrate Judge Hildy Bowbeer denied plaintiffs’ motion to compel defendant to identify the topics on which each Rule 30(b)(6) witness would testify because the language used in Rule 30(b)(6) “reflects a...more
In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...more
It is the classic scenario for a false confession: The suspect sits in a small room answering the same questions over and over again as the detective repeating those questions grows more and more exasperated. Finally, as the...more
For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to...more
When advice is given on a general subject, it can sometimes sound a bit like platitudes. And, as with platitudes, it often seems like one cancels out the other. “Look before you leap,” the saying goes, but, “He who hesitates...more